Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission — 9 Ill. Ct. Cl. 557

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 4. Payment of $153.00 advised. JOSEPH MELFI, Claimant, v. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Case summary

Claimant Joseph Melfi, a file clerk, sustained a right-sided inguinal hernia while moving heavy file drawers in the course of his employment. The court advised that the claim be paid for medical and surgical services in the amount of $153.00 under the Workmen's Compensation Act.

Claim type: Personal Injury Negligence

Statutes cited: Section 3 of the Workmen's Compensation Act of the State of Illinois; Section 3, subsection 8, of the Workmen's Compensation Act of the State of Illinois; Section 8A of the Workmen's Compensation Act

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

STATEMENT OF FACTS. Joseph Melfi, 2545 North Austin Avenue, Chicago, Illinois, claims to have sustained a right-sided inguinal hernia on the 11th day of April, 1936, while working in the files at the Humboldt District Office of the Illinois Emergency Relief Commission, 2826 West North Avenue, Chicago, Illinois. Mr. Melfi was employed at the above office as a file clerk. The duties of a file clerk are numerous. He has to file and withdraw case records when requested by the caseworkers, change positions of file drawers and cabinets, do odd jobs around the office, and is sometimes required to fire the boiler and act as general maintenance man throughout the office. On the day heretofore mentioned, it was necessary to move all files and file cabinets to another section of the office, the moving necessitating the carrying of file drawers which were loaded with case records, each one weighing approximately eighty pounds. Claimant carried about five hundred of these drawers in the course of the moving. While Mr. Melfi was lifting one of these drawers out of the file cabinet, the drawer caught on the cabinet, and at this time he noticed a severe pain in his right side, although the pain was not intense. Mr. Melfi completed the work that day but about one week after the accident, Mr. Melfi informed Mr. Donald S. MacDonald, office manager of said office, of what had happened on the day heretofore mentioned. Mr. MacDonald instructed the claimant to consult his family physician. A statement was secured from Mr. MacDonald which indicates what transpired between said parties (see Exhibit 1). Miss Florence Perlman, who was in charge of the files when the accident occurred, notified Mr. David E. Hickey of the injury Mr. Melfi had sustained while in the course of his employment. A statement was secured from Miss Perlman (see Exhibit 2). Mr. David E. Hickey, supervisor of the Humboldt District Office, received notice of Mr. Melfi's accident from both Mr. MacDonald and Miss Perlman. A statement was secured -19 568 MELFI v. ILLINOIS EMERGENCY RELIEF COMMISSION. from Mr. Hickey (see Exhibit 3). Dr. James V. Mennella, who was claimant's physician, made an examination on May 1st. A copy of examination is attached (see Exhibit 4). Dr. Mennella recommended that Mr. Melfi have the hernia operated on immediately. Section 3 of the Workmen's Compensation Act of the State of Illinois provides: "The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all employers and all of their employees, engaged in any department of the following enterprises or businesses which are declared to be extra hazardous * * *" Section 3, subsection 8, of the Workmen's Compensation Act of the State of Illinois provides: "In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances or for the protection and safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous: Provided, nothing contained herein shall be construed to apply to any work, employment or operations done, had or conducted by farmers and others engaged in farming, tillage of the soil, or stock raising, or to those who rent, demise or lease land for any such purposes, or to any one in their employ or to any work done on a farm or country place, no matter what kind of work or service is being done or rendered." Section 8, subsection (a), of the Workmen's Compensation Act of the State of Illinois provides: "The employer shall provide the necessary first aid medical and surgical services, and all necessary medical, surgical and hospital services thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury * * *" The hospital and medical bills are as follows: Dr. James V. Mennella..................................................$100.00 Said sum includes operation and treatment, said treatment to continue until patient is able to resume his usual occupation. St. Anne's Hospital.....................................................$ 53.00 Said sum includes use of operating room, anaesthetic and dressings. The sum of $153.00 has been expended as a result of said injury. Hospital and doctor's bills have been examined and found to be reasonable and fair for the services rendered. Said accident arose out of, and was in the course of, claimant's employment. Claimant does not ask for temporary total or permanent total disability. AMENDMENT TO STATEMENT OF FACTS. Illinois Legislators on or about the 6th day of February, 1932, created the Illinois Emergency Relief Commission. Chapter 23, Section 464 of the Illinois Revised Statutes, 1935 edition sets out the duties of said commission which are as follows: "It shall be the duty of the commission until (March 1, 1937), to provide relief to residents of the State of Illinois, who, by reason of unemployment or otherwise, are destitute and in necessitous circumstances. Such relief shall be provided by distributing funds or supplies and by any other means deemed desirable by the commission. For the purpose of carrying out the provisions of this Act, the commission may make use of and co-operate with counties, townships, and any other municipal corporations charged by law with the duty of poor relief and with other local relief agencies." The Illinois Emergency Relief Commission has created many Departments within itself since its creation, through which relief is administered, such as maintenance departments, furniture shops, mattress factories, canneries and work relief divisions, and other divisions or departments too numerous to mention. Said maintenance department has charge of maintenance work in all buildings operated by the Illinois Emergency Relief Commission. Said work includes carpentering, plumbing, janitor service, engineering and fireman work. Said furniture shop manufactures furniture which is used in relief offices throughout the State. Said mattress factories manufacture mattresses for relief recipients and for shelters operated by the Illinois Emergency Relief Commission. Said canneries preserve vegetables and fruits which have been grown by relief recipients on Illinois Emergency Relief Commission soil. Said work relief divisions furnish men to the State Highway department, counties, townships, cities and parks for general maintenance work. All the above enterprises use sharp-edged cutting tools such as saws, chisels, mattocks and axes. Said buildings operate electrical motors, elevators and boilers which are governed by municipal ordinances. ADVISORY OPINION. Per Curiam: Pursuant to your request for an advisory opinion, based upon the foregoing statement of facts and the amendment thereto, submitted by you in the matter of the claim of Joseph Melfi against the Illinois Emergency Relief Commission, we 360 BROCKSON v. ILLINOIS EMERGENCY RELIEF COMMISSION. beg to submit the following opinion, based upon the aforementioned statement and amended statement, to wit: At the time of the accident in question, both employer and employee were operating under and bound by the provisions of the Workmen's Compensation Act; that the accident in question arose out of and in the course of such employment; that under the provisions of Section 8A of the Workmen's Compensation Act, the Illinois Emergency Relief Commission is liable for the necessary first aid, medical and surgical services, and all necessary medical, surgical and hospital services thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury;-and that claimant is therefore entitled to be reimbursed the amount paid by him for medical, surgical and hospital services as aforesaid, to wit, the sum of One Hundred Fifty-three Dollars ($153.00). We are further of the opinion that payment of said claim should be made by the Illinois Emergency Relief Commission out of any funds held by it and allotted for the payment of such claims.

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 4.

Payment of $153.00 advised.

JOSEPH MELFI, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed January 13, 1937.

STATEMENT OF FACTS.

Joseph Melfi, 2545 North Austin Avenue, Chicago, Illinois, claims to have sustained a right-sided inguinal hernia on the 11th day of April, 1936, while working in the files at the Humboldt District Office of the Illinois Emergency Relief Commission, 2826 West North Avenue, Chicago, Illinois.

Mr. Melfi was employed at the above office as a file clerk.

The duties of a file clerk are numerous. He has to file and withdraw case records when requested by the caseworkers, change positions of file drawers and cabinets, do odd jobs around the office, and is sometimes required to fire the boiler and act as general maintenance man throughout the office.

On the day heretofore mentioned, it was necessary to move all files and file cabinets to another section of the office, the moving necessitating the carrying of file drawers which were loaded with case records, each one weighing approximately eighty pounds. Claimant carried about five hundred of these drawers in the course of the moving. While Mr. Melfi was lifting one of these drawers out of the file cabinet, the drawer caught on the cabinet, and at this time he noticed a severe pain in his right side, although the pain was not intense.

Mr. Melfi completed the work that day but about one week after the accident, Mr. Melfi informed Mr. Donald S. MacDonald, office manager of said office, of what had happened on the day heretofore mentioned. Mr. MacDonald instructed the claimant to consult his family physician. A statement was secured from Mr. MacDonald which indicates what transpired between said parties (see Exhibit 1). Miss Florence Perlman, who was in charge of the files when the accident occurred, notified Mr. David E. Hickey of the injury Mr.

Melfi had sustained while in the course of his employment.

A statement was secured from Miss Perlman (see Exhibit 2).

Mr. David E. Hickey, supervisor of the Humboldt District Office, received notice of Mr. Melfi's accident from both Mr. MacDonald and Miss Perlman. A statement was secured -19 [*19] 568 MELFI v. ILLINOIS EMERGENCY RELIEF COMMISSION. from Mr. Hickey (see Exhibit 3). Dr. James V. Mennella, who was claimant's physician, made an examination on May 1st. A copy of examination is attached (see Exhibit 4). Dr.

Mennella recommended that Mr. Melfi have the hernia operated on immediately.

Section 3 of the Workmen's Compensation Act of the State of Illinois provides: "The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all employers and all of their employees, engaged in any department of the following enterprises or businesses which are declared to be extra hazardous * * *" Section 3, subsection 8, of the Workmen's Compensation Act of the State of Illinois provides: "In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances or for the protection and safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous: Provided, nothing contained herein shall be construed to apply to any work, employment or operations done, had or conducted by farmers and others engaged in farming, tillage of the soil, or stock raising, or to those who rent, demise or lease land for any such purposes, or to any one in their employ or to any work done on a farm or country place, no matter what kind of work or service is being done or rendered."

Section 8, subsection (a), of the Workmen's Compensation Act of the State of Illinois provides: "The employer shall provide the necessary first aid medical and surgical services, and all necessary medical, surgical and hospital services thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury * * *" The hospital and medical bills are as follows: Dr. James V. Mennella..................................................$100.00 Said sum includes operation and treatment, said treatment to continue until patient is able to resume his usual occupation.

St. Anne's Hospital.....................................................$ 53.00 Said sum includes use of operating room, anaesthetic and dressings.

The sum of $153.00 has been expended as a result of said injury. Hospital and doctor's bills have been examined and found to be reasonable and fair for the services rendered.

Said accident arose out of, and was in the course of, claimant's employment.

Claimant does not ask for temporary total or permanent total disability. [*559]

AMENDMENT TO STATEMENT OF FACTS.

Illinois Legislators on or about the 6th day of February, 1932, created the Illinois Emergency Relief Commission.

Chapter 23, Section 464 of the Illinois Revised Statutes, 1935 edition sets out the duties of said commission which are as follows:

"It shall be the duty of the commission until (March 1, 1937), to provide relief to residents of the State of Illinois, who, by reason of unemployment or otherwise, are destitute and in necessitous circumstances. Such relief shall be provided by distributing funds or supplies and by any other means deemed desirable by the commission. For the purpose of carrying out the provisions of this Act, the commission may make use of and co-operate with counties, townships, and any other municipal corporations charged by law with the duty of poor relief and with other local relief agencies."

The Illinois Emergency Relief Commission has created many Departments within itself since its creation, through which relief is administered, such as maintenance departments, furniture shops, mattress factories, canneries and work relief divisions, and other divisions or departments too numerous to mention. Said maintenance department has charge of maintenance work in all buildings operated by the Illinois Emergency Relief Commission. Said work includes carpentering, plumbing, janitor service, engineering and fireman work. Said furniture shop manufactures furniture which is used in relief offices throughout the State. Said mattress factories manufacture mattresses for relief recipients and for shelters operated by the Illinois Emergency Relief Commission. Said canneries preserve vegetables and fruits which have been grown by relief recipients on Illinois Emergency Relief Commission soil. Said work relief divisions furnish men to the State Highway department, counties, townships, cities and parks for general maintenance work. All the above enterprises use sharp-edged cutting tools such as saws, chisels, mattocks and axes. Said buildings operate electrical motors, elevators and boilers which are governed by municipal ordinances.

ADVISORY OPINION.

Per Curiam:

Pursuant to your request for an advisory opinion, based upon the foregoing statement of facts and the amendment thereto, submitted by you in the matter of the claim of Joseph Melfi against the Illinois Emergency Relief Commission, we [*559] 360 BROCKSON v. ILLINOIS EMERGENCY RELIEF COMMISSION.

beg to submit the following opinion, based upon the aforementioned statement and amended statement, to wit: At the time of the accident in question, both employer and employee were operating under and bound by the provisions of the Workmen's Compensation Act; that the accident in question arose out of and in the course of such employment; that under the provisions of Section 8A of the Workmen's Compensation Act, the Illinois Emergency Relief Commission is liable for the necessary first aid, medical and surgical services, and all necessary medical, surgical and hospital services thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury;-and that claimant is therefore entitled to be reimbursed the amount paid by him for medical, surgical and hospital services as aforesaid, to wit, the sum of One Hundred Fifty-three Dollars ($153.00).

We are further of the opinion that payment of said claim should be made by the Illinois Emergency Relief Commission out of any funds held by it and allotted for the payment of such claims.